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MISSISSIPPI LEGISLATURE 2026 Regular Session To: Environment Prot, Cons and Water Res By: Senator(s) Rhodes Senate Bill 2760 (As Sent to Governor) AN ACT TO AMEND SECTION 49-2-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT CHANGES TO A CONSOLIDATION PLAN ADOPTED BY THE COMMISSION MUST BE APPROVED BY THE COMMISSION; TO AMEND SECTION 53-7-5, MISSISSIPPI CODE OF 1972, TO REMOVE THE OFFICE OF GEOLOGY AND ENERGY RESOURCES OR ITS SUCCESSOR OFFICE FROM THE DEFINITION OF DEPARTMENT; TO AMEND SECTION 53-7-41, MISSISSIPPI CODE OF 1972, TO ALLOW THE HEAD OF THE OFFICE OF GEOLOGY AND ENERGY RESOURCES TO PARTICIPATE IN CERTAIN ACTIONS TAKEN BY THE PERMIT BOARD; TO EXPAND THE POWERS OF THE EXECUTIVE DIRECTOR FOR CERTAIN ACTIONS; TO AMEND SECTION 53-9-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE DEFINITION FOR STATE GEOLOGIST; TO AMEND SECTION 53-9-31, MISSISSIPPI CODE OF 1972, TO STIPULATE THAT THE AMOUNT OF BOND SHALL BE DETERMINED BY THE PERMIT BOARD AFTER CONSULTATION WITH ONLY THE DEPARTMENT; TO AMEND SECTION 53-9-32, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STAFF OF THE DEPARTMENT TO PREPARE A BRIEF UPON RECEIPT OF A COMPLETE APPLICATION FOR A SURFACE COAL MINING AND RECLAMATION OPERATION; TO AMEND SECTION 53-9-33, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO MAKE AN ASSESSMENT OF CERTAIN CONDITIONS PRIOR TO ISSUING A PERMIT OR MODIFICATION; TO AMEND SECTION 53-9-69, MISSISSIPPI CODE OF 1972, TO GRANT THE EXECUTIVE DIRECTOR OR HIS OR HER DESIGNEE SOLE AUTHORITY TO INVESTIGATE VIOLATIONS; TO AMEND SECTION 53-9-71, MISSISSIPPI CODE OF 1972, TO STIPULATE THAT THE STAFF OF THE DEPARTMENT SHALL BE RESPONSIBLE FOR SURFACE COAL MINING LANDS REVIEW; TO AMEND SECTION 53-9-83, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STAFF OF THE DEPARTMENT TO CONSULT WITH SURFACE OWNERS WHOSE LAND IS PROPOSED TO BE INCLUDED IN LEASING TRACTS; TO AMEND SECTION 53-9-105, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO ESTABLISH AND MAINTAIN A STATE RECLAMATION PROGRAM FOR ABANDONED MINES; TO AMEND SECTIONS 57-21-9 AND 7-5-25, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 49-2-7, Mississippi Code of 1972, is amended as follows: 49-2-7. The Department of Environmental Quality shall be the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and shall retain all powers and duties granted by law to the Mississippi Department of Natural Resources with the exception of the Office of Parks and Recreation, and wherever the term "Mississippi Department of Natural Resources" appears in any law the same shall mean the Department of Environmental Quality. The Executive Director of the Department of Environmental Quality may assign to the appropriate offices any powers and duties deemed appropriate to carry out the lawful duties of the department. The department shall be composed of the following offices: (a) Office of Geology and Energy Resources; (b) Office of Land and Water Resources; and (c) Office of Pollution Control. Each office shall be composed of the administrative units set forth in the consolidation plan adopted by the commission, subject to changes by the executive director * * *, with approval of the commission, as hereinafter set forth. The department is designated as the single state department to receive and expend any federal funds being received or expended by any agency transferred to the department by Chapter 484, Laws of 1978, and to receive and expend any federal funds made available for matters within the jurisdiction of the department. The department shall be responsible for conserving, managing, developing and protecting the natural resources of the State of Mississippi within the jurisdiction of the department, with the exception of functions of the Office of Recreation and Parks. The department shall coordinate all functions of state government related to natural resources within the jurisdiction of the department. The department shall not exercise any of its authority or powers granted under the provisions of this section in a manner which would be inconsistent with the provisions of Section 29-1-1. SECTION 2. Section 53-7-5, Mississippi Code of 1972, is amended as follows: 53-7-5. For the purposes of this chapter, the following terms shall have the meanings ascribed in this section, except where the context otherwise requires: (a) "Affected area" means any area from which any materials are removed or are to be removed in a surface mining operation and upon which any materials are to be deposited. The affected area includes all areas affected by the construction of new roads, or the improvement or use of existing roads other than public roads to gain access and to haul materials. (b) "Appeal" means an appeal to an appropriate court of the state taken from a final decision of the Permit Board or commission made after a formal hearing before that body. (c) "As recorded in the minutes of the Permit Board" means the date of the Permit Board meeting at which the action concerned is taken by the Permit Board. (d) "Commission" means the Mississippi Commission on Environmental Quality. (e) "Department" means the Mississippi Department of Environmental Quality * * *, acting through the Office of Geology and Energy Resources or a successor office. (f) "Executive director" means the Executive Director of the Mississippi Department of Environmental Quality. (g) "Exploration activity" means the disturbance of the surface or subsurface for the purpose of determining the location, quantity or quality of a deposit of any material, except the drilling of test holes or core holes of twelve (12) inches or less in diameter. (h) "Formal hearing" means a hearing on the record, as recorded and transcribed by a court reporter, before the commission or Permit Board where all parties to the hearing are allowed to present witnesses, cross-examine witnesses and present evidence for inclusion into the record, as appropriate under rules promulgated by the commission or Permit Board. (i) "Fund" means the Surface Mining and Reclamation Fund created by Section 53-7-69. (j) "General permit" means general permit as defined in Section 49-17-5. (k) "Highwall" means a wall created by mining having a slope steeper than two (2) to one (1). (l) "Interested party" means interested party as provided under Section 49-17-29. (m) "Material" means bentonite, metallic ore, mineral clay, dolomite, phosphate, sand, gravel, soil, clay, sand clay, clay gravel, stone, chalk, and any other materials designated by the commission. (n) "Nearest approximate original contour" means that surface configuration achieved by backfilling and grading of the surface-mined area so that it substantially resembles the surface configuration of the land before mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and water-collecting depressions eliminated, to the extent practicable, unless contained in an approved reclamation plan. (o) "Operator" means the person that is to engage or that is engaged in a surface mining operation, whether on a permanent, continuous basis, or for a limited period of time and for a specific or ancillary purpose, including any person whose permit or coverage under a general permit has expired or been suspended or revoked. (p) "Overburden" means all materials which are removed to gain access to other materials in the process of surface mining, including the material before or after its removal by surface mining. (q) "Permit" means a permit to conduct surface mining and reclamation operations under this chapter. (r) "Permit area" means all the area designated in the permit application or application for coverage under a general permit and shall include all land affected by the surface mining operations during the term of the permit and may include any contiguous area which the operator proposes to surface mine thereafter. (s) "Permit Board" means the Permit Board created by Section 49-17-28. (t) "Person" means any individual, trust, firm, joint-stock company, public or private corporation, joint venture, partnership, association, cooperative, state, or any agency or institution thereof, municipality, commission, political subdivision of a state or any interstate body, and includes any officer or governing or managing body of any municipality, political subdivision, or the United States or any officer or employee of the United States. (u) "Public hearing" means a public forum organized by the commission, department or Permit Board for the purpose of providing information to the public regarding a surface mining and reclamation operation and at which members of the public are allowed to make comments or ask questions or both of the commission, department or the Permit Board regarding a proposed operation or permit. (v) "Reclamation" means work necessary to restore an area of land affected by surface mining to a useful, productive and beneficial purpose, the entire process being designed to restore the land to a useful, productive and beneficial purpose, suitable and amenable to surrounding land and consistent with local environmental conditions in accordance with the standards set forth in this chapter. (w) "State" means the State of Mississippi. (x) "Spoil pile" means the overburden and other mined waste material as it is piled or deposited in the process of surface mining. (y) "Surface mining" or "mining" means the extraction of materials from the ground or water or from waste or stock piles or from pits or banks or natural occurrences by methods including, but not limited to, strip drift, open pit, contour or auger mining, dredging, placering, quarrying and leaching, and activities related thereto, which will alter the surface. (z) "Surface mining operation" or "operation" means the activities conducted at a mining site, including extraction, storage, processing and shipping of materials and reclamation of the affected area. This term does not include the following: the dredging and removal of oyster shells from navigable bodies of water; the dredging and removal of any materials from the bed of navigable streams, when the activity is regulated and permitted under an individual permit by the United States Corps of Engineers; the extraction of hydrocarbons in a liquid or gaseous state by means of wells, pipe, or other on-site methods; the off-site transportation of materials; exploration activities; construction activities at a construction site; or any other exception adopted by the commission in its regulations. (aa) "Topsoil" means the organic or inorganic matter naturally present on the surface of the earth which has been subjected to and influenced by genetic and environmental factors of parent material, climate, macroorganisms and microorganisms, and topography, all acting over a period of time, and that is necessary for the growth and regeneration of vegetation on the surface of the earth. (bb) "Toxic material" means any substance present in sufficient concentration or amount to cause significant injury or illness to plant, animal, aquatic or human life. SECTION 3. Section 53-7-41, Mississippi Code of 1972, is amended as follows: 53-7-41. (1) The Permit Board, based upon the provisions of this chapter, may issue, reissue, deny, modify, revoke, cancel, rescind, suspend or transfer a permit for a surface mining operation. * * * The head of the Office of Geology and Energy Resources shall abstain in any action taken by the Permit Board under this chapter. (2) The Permit Board shall issue a permit if the Permit Board determines that the applicant and completed application comply with the requirements of this chapter. (3) The Permit Board may deny a permit if: (a) The Permit Board finds that the reclamation as required by this chapter cannot be accomplished by means of the proposed reclamation plan; (b) Any part of the proposed operation lies within an area designated as unsuitable for surface mining as designated by Section 53-7-49 or 53-7-51; (c) The Permit Board finds that the proposed mining operation will cause pollution of any water of the state or of the ambient air of the state in violation of applicable state and federal laws and regulations; (d) The applicant has had any other permit issued under this chapter revoked, or any bond or deposit posted to comply with this chapter forfeited, and the conditions causing the permit to be revoked or the bond or deposit to be forfeited have not been corrected to the satisfaction of the Permit Board; (e) The Permit Board determines that the proposed operation will endanger the health and safety of the public or will create imminent environmental harm; (f) The operation will likely adversely affect any public highway or road unless the operation is intended to stabilize or repair the public road or highway; or (g) The applicant is unable to meet the public liability insurance or performance bonding requirements of this chapter. (4) The Permit Board shall deny a permit if the Permit Board finds by clear and convincing evidence on the basis of the information contained in the permit application or obtained by on-site inspection that the proposed operation cannot comply with this chapter or rules and regulations adopted under this chapter or that the proposed method of operation, road system construction, shaping or revegetation of the affected area cannot be carried out in a manner consistent with this chapter and applicable state and federal laws, rules and regulations. (5) The Permit Board may hold a public hearing to obtain comments from the public on its proposed action. If the Permit Board holds a public hearing, the Permit Board shall publish notice and conduct the hearing as provided in Section 49-17-29. (6) The Permit Board may authorize the executive director, under any conditions the Permit Board may prescribe, to make decisions on permit issuance, reissuance, modification, transfer, rescission or cancellation and on applications for the release of a performance bond or deposit under this chapter. A decision by the executive director is a decision of the Permit Board and shall be subject to formal hearing and appeal as provided in Section 49-17-29. The executive director shall report all permit decisions and bond releases to the Permit Board at its next regularly scheduled meeting and those decisions shall be deemed as recorded in the minutes of the Permit Board at that time. (7) The Permit Board may cancel a permit at the request of the operator, if the operator does not commence operations under the permit by stripping, grubbing or mining any part of the permit area. The Permit Board may rescind a permit, if, because of a change in post-mining use of the land by the landowner, the completion of the approved reclamation plan by the operator is no longer feasible. If a permit is canceled or rescinded, the remaining portion of the bond or deposit required under Section 53-7-37 shall be returned to the operator as soon as possible. SECTION 4. Section 53-9-7, Mississippi Code of 1972, is amended as follows: 53-9-7. For the purposes of this chapter, the following terms shall have the meaning ascribed in this section unless the context requires otherwise: (a) "Abandoned mine lands" means lands and waters affected by the mining or processing of coal before August 3, 1977, or affected by the mining or processing of noncoal minerals, including, but not limited to, sand, gravel, clay and soil, before August 3, 1977, and abandoned or left in either an unreclaimed or inadequately reclaimed condition, and for which there is no continuing reclamation responsibility required under state or federal law, and which continue in the present condition substantially to degrade the quality of the environment, to prevent or damage the beneficial use of land or water resources, or to endanger the health or safety of the public. Abandoned mine lands also means those lands and waters described by 30 USC 1232(g)(4), 30 USC 1233(b)(1) and 30 USC 1239. (b) "Appeal" means an appeal to an appropriate court of the state taken from a final decision of the Permit Board or commission made after a formal hearing before that body. (c) "Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land before mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. Water impoundments may be allowed if the Permit Board determines that the impoundments are in compliance with Section 53-9-45(2)(g). (d) "As recorded in the minutes of the Permit Board" means the date of the Permit Board meeting at which the action concerned is taken by the Permit Board. (e) "Coal" means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by the American Society of Testing and Materials. (f) "Commission" means the Mississippi Commission on Environmental Quality. (g) "Department" means the Mississippi Department of Environmental Quality. (h) "Executive director" means the executive director of the department. (i) "Exploration operations" means the disturbance of the surface or subsurface before surface coal mining and reclamation operations begin for the purpose of determining the location, quantity or quality of a coal deposit, and the gathering of environmental data to establish the conditions of the area before the beginning of surface coal mining and reclamation operations. (j) "Federal act" means the Surface Mining Control and Reclamation Act of 1977, as amended, which is codified as Section 1201 et seq. of Title 30 of the United States Code. (k) "Formal hearing" means a hearing on the record, as recorded and transcribed by a court reporter, before the commission or Permit Board where all parties to the hearing are allowed to present witnesses, cross-examine witnesses and present evidence for inclusion into the record, as appropriate under rules promulgated by the commission or Permit Board. (l) "Imminent danger to health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter, in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before that condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person subjected to the same conditions or practices giving rise to the peril would not expose himself or herself to the danger during the time necessary for abatement. (m) "Interested party" means any person claiming an interest relating to the surface coal mining operation and who is so situated that the person may be affected by that operation, or in the matter of regulations promulgated by the commission, any person who is so situated that the person may be affected by the action. (n) "Lignite" means consolidated lignite coal having less than eight thousand three hundred (8,300) British thermal units per pound, moist and mineral matter free. (o) "Operator" means any person engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location. (p) "Permit" means a permit to conduct surface coal mining and reclamation operations issued under this chapter. (q) "Permit area" means the area of land indicated on the approved map submitted by the operator with the permit application which area of land shall be covered by the operator's performance bond. (r) "Permit Board" means the Permit Board created under Section 49-17-28. (s) "Person" means an individual, partnership, association, society, joint venture, joint-stock company, firm, company, corporation, cooperative or other business organization and any agency, unit or instrumentality of federal, state or local government, including any publicly owned utility or publicly owned corporation. (t) "Prime farmland" means that farmland as defined by the United States Secretary of Agriculture on the basis of factors such as moisture availability, temperature regime, chemical balance, permeability, surface layer composition, susceptibility to flooding and erosion characteristics, and which historically have been used for intensive agricultural purposes, and as published in the federal register. (u) "Public hearing," "informal hearing" or "public meeting" means a public forum organized by the commission, department or Permit Board for the purpose of providing information to the public regarding a surface coal mining and reclamation operation or regulations proposed by the commission and at which members of the public are allowed to make comments or ask questions or both of the commission, department or the Permit Board. (v) "Reclamation plan" means a plan submitted by an applicant for a permit which sets forth a plan for reclamation of the proposed surface coal mining operations under this chapter. (w) "Revision" means any change to the permit or reclamation plan that does not significantly change the effect of the mining operation on either those persons impacted by the permitted operations or on the environment, including, but not limited to, incidental boundary changes to the permit area or a departure from or change within the permit area, incidental changes in the mining method or incidental changes in the reclamation plan. (x) "Secretary" means the Secretary of the United States Department of Interior. (y) "State" means the State of Mississippi. * * * (z) "State geologist" means the head of the Office of Geology and Energy Resources of the department or a successor office. ( * * *aaz) "State reclamation program" means the Mississippi program for abandoned mine reclamation provided for in this chapter. ( * * *bbaa) "Surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary and incident to the reclamation of those operations. ( * * *ccbb) "Surface coal mining operations" means: (i) Activities conducted on the surface and immediate subsurface of lands in connection with a surface coal mine, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect commerce. These activities include, but are not limited to: (A) Excavation for the purpose of obtaining coal, including common methods such as contour, strip, auger, mountaintop removal, boxcut, open pit and area mining; (B) The use of explosives and blasting, in situ distillation or retorting, leaching or other chemical or physical processing; and (C) The cleaning, concentrating or other processing or preparation, and the loading of coal for commerce at or near the mine site. These activities do not include exploration operations subject to Section 53-9-41. (ii) Areas upon which the activities occur or where the activities disturb the natural land surface. These areas shall also include, but are not limited to: (A) Any adjacent land the use of which is incidental to any activities; (B) All lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of any activities and for haulage; (C) All lands affected by excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities or other property or materials on the surface resulting from or incident to the activities. ( * * *ddcc) "Unwarranted failure to comply" means the failure of a permittee to prevent or abate the occurrence of any violation of a permit, this chapter or any regulation promulgated under this chapter due to indifference, lack of diligence or lack of reasonable care. SECTION 5. Section 53-9-31, Mississippi Code of 1972, is amended as follows: 53-9-31. (1) The applicant shall file with the department, in the manner and form as required by the commission, a bond for performance payable to the commission and conditional upon faithful performance of the requirements of this chapter and the permit. The bond shall be filed before the issuance of a permit. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. The permit area shall be readily identifiable by appropriate marks on the site. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the department an additional bond or bonds to cover those increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the permit and shall reflect the probable difficulty of reclamation, giving consideration to factors such as topography, geology of the site, hydrology and revegetation potential. The amount of the bond shall be determined by the Permit Board after consultation with the * * * state geologist department. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the department in the event of forfeiture, and in no case shall the bond for the entire area under one (1) permit be less than Ten Thousand Dollars ($10,000.00). (2) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period which coincides with the operator's responsibility for revegetation requirements in regulations promulgated under Section 53-9-45. The bond shall be executed by the operator and a corporate surety licensed to do business in this state. The operator may elect to deposit the following in lieu of the surety bond: cash, negotiable bonds of the United States government or the state, or negotiable certificates of deposit or a letter of credit of any bank organized or transacting business in the state and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or a similar federal banking or savings and loan insurance organization. The cash deposit or market value of the securities shall be equal to or greater than the amount of the bond required for the bonded area. (3) In accordance with any conditions established by the commission in regulations promulgated under this chapter, the Permit Board may accept the bond of the applicant itself without separate surety if the applicant demonstrates to the satisfaction of the Permit Board the existence of a suitable agent to receive service of process, a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond that amount. (4) Cash, negotiable bonds, negotiable certificates of deposit, letters of credit or securities deposited as provided in subsection (2) of this section shall be deposited on the same terms upon which surety bonds may be deposited. (5) The amount of the financial assurance required and the terms of each acceptance of the applicant's financial assurance shall be adjusted by the Permit Board from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes. SECTION 6. Section 53-9-32, Mississippi Code of 1972, is amended as follows: 53-9-32. Upon receipt of a complete application for a surface coal mining and reclamation operation, the * * * state geologist staff of the department shall prepare a brief written summary of the proposed operation and reclamation. This summary shall be written in language understandable to the general public and shall be made available to the public at the department and at each location where the applicant is required to place a copy of the application for public inspection. SECTION 7. Section 53-9-33, Mississippi Code of 1972, is amended as follows: 53-9-33. (1) Upon the basis of a complete application for permit or a complete application for modification or reissuance of a permit, including public notification and an opportunity for public hearing as required by Section 53-9-37, the Permit Board shall issue, deny or modify the permit within the time required under Section 53-9-37 and shall notify the applicant in writing of its action within the time required under Section 53-9-39. The applicant for a permit or modification of a permit shall have the burden of establishing that its complete application is in compliance with the requirements of this chapter and regulations promulgated under this chapter. The action of the Permit Board shall be effective upon the initial decision by the Permit Board as recorded in the minutes of the Permit Board. (2) No permit or modification shall be issued or granted unless the application affirmatively demonstrates, and the Permit Board finds in writing on the basis of the information set forth in the application or from information otherwise available which shall be documented in the written findings of the Permit Board and made available to the applicant, that: (a) The permit application is accurate and complete, and the applicant and application have complied with all requirements of this chapter and the regulations promulgated under this chapter; (b) The applicant has demonstrated that reclamation as required by this chapter and the regulations promulgated under this chapter can be accomplished under the reclamation plan contained in the permit application; (c) The assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance as specified in Section 53-9-25, has been made by the * * * state geologist department and the proposed operation has been designed to prevent material damage to hydrologic balance outside the permit area; (d) The area proposed to be mined is not included within an area designated unsuitable for surface coal mining under Section 53-9-71, or is not within an area that is the subject of an administrative proceeding for that designation commenced under Section 53-9-71; and (e) If the private coal estate has been severed from the private surface estate, the applicant shall have submitted to the Permit Board: (i) The written consent of the surface owners to the extraction of coal by surface mining methods; or (ii) A conveyance that expressly grants or reserves the right to extract the coal by surface mining methods. Any determination made by the Permit Board under paragraph (e) of this subsection shall not be construed as an adjudication of property rights. (3) If the area proposed to be mined contains prime farmland the Permit Board shall issue a permit to mine on prime farmland if the Permit Board finds in writing that the operator has satisfied the requirements of subsection (2) of this section and has the technological capability to restore the mined area within a reasonable time to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards in the regulations promulgated under Section 53-9-45. (4) No transfer, assignment or sale of the rights granted under any permit issued under this chapter shall be made without approval of the Permit Board. (5) The Permit Board shall, within a period of time established in regulations promulgated by the commission, review outstanding permits and may require reasonable modification of the permit provisions during the term of that permit. Any modification shall be based upon a written finding and subject to notice and hearing requirements established by this chapter and regulations promulgated under this chapter. SECTION 8. Section 53-9-69, Mississippi Code of 1972, is amended as follows: 53-9-69. (1) (a) When, on the basis of any information available, including receipt of information from any person, the executive director or * * * state geologist as the executive director's designee has reason to believe that any person is in violation of this chapter, any regulation or written order of the commission issued or promulgated under this chapter or any condition of a permit, the executive director or * * * state geologist as the executive director's designee shall immediately order inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available is a result of a previous inspection of the surface coal mining operation. When the inspection results from information provided to the executive director * * * or state geologist by any person who is not an employee of the department, the executive director or * * * state geologist as the executive director's designee shall notify the person when the inspection is proposed to be carried out and the person shall be allowed to accompany the inspector during the inspection. (b) When, on the basis of any inspection, the executive director or the executive director's authorized representative determines that any condition or practices exist or that any permittee is in violation of this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit and the condition, practice or violation also creates an imminent danger to the health and safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the condition, practice or violation. The cessation order shall remain in effect until the executive director or the executive director's authorized representative determines that the condition, practice or violation has been abated or until the order is modified, vacated or terminated by the executive director or the executive director's authorized representative. If the commission, executive director or the executive director's authorized representative finds that the ordered cessation of surface coal mining and reclamation operations, or any portion of those operations shall not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall, in addition to the cessation order, impose obligations on the operator requiring the operator to take whatever steps the commission, executive director or the executive director's authorized representative deems necessary to abate the imminent danger or the significant environmental harm. (c) (i) When, on the basis of an inspection, the executive director or the executive director's authorized representative determines that any permittee is in violation of this chapter, any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit but that violation does not create an imminent danger to the health and safety of the public or cannot be reasonably expected to cause significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall issue an order to the permittee or agent of the permittee setting a reasonable time of not more than ninety (90) days for the abatement of the violation and if deemed necessary by the commission, executive director or the executive director's authorized representative ordering an immediate cessation of activities violating or resulting in the violation of this chapter, the regulations promulgated under this chapter or any condition or limitation of a permit. (ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commission, the executive director or the executive director's authorized representative finds that the violation has not been abated, the commission, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the violation. The cessation order shall remain in effect until the commission, the executive director or the executive director's authorized representative determines that the violation has been abated or until that order is modified, vacated or terminated by the commission, the executive director or the executive director's authorized representative. In the cessation order issued by the commission, the executive director or the executive director's authorized representative, the commission, the executive director or the executive director's authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include measures in the order necessary to achieve that abatement. (d) When, on the basis of an inspection, the executive director has reason to believe that a pattern of violations of this chapter, any regulation promulgated under this chapter or any condition of a permit exists or has existed, and if the executive director also finds that the violations are caused by the unwarranted failure of the permittee to comply with this chapter, any regulation promulgated under this chapter or any condition of a permit, or that the violations are willfully caused by the permittee, the executive director shall issue an order to the permittee to show cause as to why the permit should not be suspended or revoked by the Permit Board. Upon the permittee's failure to show cause to the satisfaction of the executive director or the executive director's authorized representative as to why the permit should not be suspended or revoked, the executive director or the executive director's authorized representative shall present this information to the Permit Board and request that the Permit Board suspend or revoke the permit. The Permit Board shall decide the executive director's request under the procedures of Section 49-17-29(4) and (5). Any request by an interested party for a formal hearing regarding the Permit Board's initial decision on suspension or revocation of the permit or any appeal of the final decision following the formal hearing by any person who participated as a party in the formal hearing may be taken as provided under Section 49-17-29(4) and (5). (e) The permittee or other interested party may request a formal hearing concerning an order of the commission issued under paragraph (b) or (c) of this subsection as provided under Section 49-17-41. (2) (a) The commission may institute a civil action for relief, including a permanent or temporary injunction or any other appropriate order, in the chancery court of the county or judicial district in which the surface coal mining and reclamation operation is located, in which the permittee has its principal office, or in the First Judicial District of Hinds County when the permittee or its agent: (i) Violates or fails or refuses to comply with any permit, order or decision issued by the Permit Board or commission under this chapter; (ii) Interferes with, hinders or delays the commission, Permit Board, department, executive director or any authorized representative of the executive director in carrying out this chapter; (iii) Refuses to admit any authorized representative of the executive director, commission, Permit Board or department to the mine; (iv) Refuses to permit inspection of the mine by that authorized representative; (v) Refuses to furnish any information or report requested by the commission, Permit Board or department in furtherance of this chapter; or (vi) Refuses to permit access to and copying of any records as the commission, Permit Board or department determines necessary in carrying out this chapter. (b) The court shall have jurisdiction to provide any relief as may be appropriate. Preliminary injunctions shall be issued in accordance with state law. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment to the environment or public health, it is not necessary that the commission plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation. Any relief granted by the court to enforce an order under subsection 2(a)(i) of this section shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter unless, before that time, the court granting the relief sets it aside or modifies it. (3) Nothing in this section shall be construed to eliminate any additional enforcement rights or procedures which are available under state law to a state agency but which are not specifically stated in this section. (4) When an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, as determined by the commission to have been reasonably incurred by that person for or in conjunction with that person's participation in the proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review, or the commission, resulting from administrative proceedings deems proper. SECTION 9. Section 53-9-71, Mississippi Code of 1972, is amended as follows: 53-9-71. (1) (a) The commission shall establish a planning process enabling objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas of the state are unsuitable for all or certain types of surface coal mining operations under the standards set forth in paragraphs (b) and (c) of this subsection. Surface coal mining and reclamation permits may be issued before completion of the planning process. That designation shall not prevent the mineral exploration under this chapter of any area designated as unsuitable. (b) Upon petition under subsection (2) of this section, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation under this chapter is not technologically and economically feasible. (c) Upon petition under subsection (2) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if the operations will: (i) Be incompatible with existing state or local land-use plans or programs; (ii) Affect fragile or historic lands in which those operations could result in significant damage to important historic, cultural, scientific and aesthetic values and natural systems; (iii) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply from surface or subsurface sources or of food or fiber products. These lands shall include, but not be limited to, aquifers and aquifer recharge areas; or (iv) Affect natural hazard lands in which the operations could substantially endanger life and property, including, but not limited to, areas subject to frequent flooding and areas of unstable geology. (d) The * * * state geologist staff of the department shall be responsible for surface coal mining lands review and shall assist the commission and, as practicable, regional and local governmental units in developing: (i) A data base and inventory system which will permit proper evaluation of the capacity of different land areas of the state to support and allow reclamation of surface coal mining operations; (ii) A method or methods for implementing land-use planning decisions concerning surface coal mining operations; and (iii) Proper notices and opportunities for public participation, including, but not limited to, a public hearing before making any designation or redesignation, under this section. (e) Determinations of the unsuitability of land for surface coal mining, under this section shall be integrated as closely as possible with present and future land-use planning and regulation processes at the federal, state and local governmental levels. (f) This section shall not apply to lands on which surface coal mining operations are being conducted under a permit issued under this chapter. (2) (a) Any interested party may petition the commission to have an area designated as unsuitable for surface coal mining operations, or to have a designation terminated. A petition shall contain allegations of facts with supporting evidence which would tend to establish the allegations. Within six (6) months after receipt of the petition, the commission shall hold a public hearing in the county in which the affected area is located. The commission shall provide appropriate notices and publications of the date, time and location of that hearing. After an interested party has filed a petition, but before the hearing required by this subsection is held, any person may intervene by filing allegations of facts with supporting evidence which would tend to establish the allegations. Within sixty (60) days after the public hearing, the commission shall issue and furnish to the petitioner and any other party participating in the hearing a written decision regarding the petition, and the reasons for its decision. If all the petitioners stipulate agreement before the requested hearing and withdraw their request, the commission may cancel the public hearing. Any interested party aggrieved by a decision of the commission under this section may request a formal hearing as provided in Section 49-17-41. Any person who participated as a party in the formal hearing may appeal the final decision of the commission as provided in Section 49-17-41. (b) The commission shall promulgate regulations not less stringent than federal regulations regarding procedures for designating lands unsuitable for surface coal mining, including procedures for the content and submission of petitions and notice and public hearing requirements. (3) Before designating any land areas as unsuitable for surface coal mining operations, the * * * state geologist staff of the department shall prepare a detailed statement on: (a) The potential coal resources of the areas; (b) The demand for coal resources; and (c) The impact of the designation on the environment, the economy of the state and the supply of coal. (4) After July 1, 1979, and subject to valid rights, no surface coal mining operations shall be permitted: (a) On any lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under Section 1276(a) of Title 16 of the United States Code, and National Recreation Areas designated by Act of Congress; (b) On any lands within the boundaries of any state park, state wildlife refuge, state forest, recorded state historical landmark, state historic site, state archaeological landmark, or city or county park, forest or historical area. The commission may, for good cause shown and after a public hearing, make exceptions to this paragraph; (c) On any federal lands within the boundaries of any national forest, unless the United States Secretary of Agriculture or the secretary's designee finds that there are no significant recreational, timber, economic or other values which may be incompatible with the surface coal mining operations or the surface operations and impacts incident to an underground coal mine; (d) Which will adversely affect any publicly owned park or places included in the national register of historic sites unless approved jointly by the commission and any federal, state or local agency with jurisdiction over the park or the historic site; (e) Within one hundred (100) feet of the outside right-of-way line of any public road except where mine access roads or haulage roads join the right-of-way line, unless the commission authorizes those roads to be relocated or the area affected to lie within one hundred (100) feet of the road and if, after public notice and opportunity for public hearing in the county in which the surface coal mining and reclamation operations are located, the commission makes a written finding that the interests of the public and the landowners affected thereby will be protected; or (f) Within three hundred (300) feet of any occupied dwelling, unless waived by the owner of that dwelling, or any public building, school, church, community or institutional building, public park, or within one hundred (100) feet of a cemetery. (5) Those lands designated prior to July 1, 1979, as unsuitable for surface mining under the Mississippi Surface Mining and Reclamation Law, and all applicable rules and regulations promulgated under that law are unsuitable for surface coal mining under this section. SECTION 10. Section 53-9-83, Mississippi Code of 1972, is amended as follows: 53-9-83. (1) This section applies where coal owned by the state under land, the surface rights to which are owned by a surface owner as defined in this section, is to be mined by methods other than underground mining techniques. (2) The state shall not enter into any lease of state coal deposits until the surface owner has given written consent to enter and commence surface coal mining and reclamation operations and the commission has obtained evidence of that consent. Written consent given by any surface owner before July 1, 1979, shall be deemed sufficient for the purposes of complying with this section. (3) In order to minimize disturbance to surface owners from surface coal mining of state coal deposits and to assist in the preparation of comprehensive land-use plans, the * * * state geologist staff of the department shall consult with any surface owner whose land is proposed to be included in a leasing tract and shall ask the surface owner to declare a preference for or against the offering of the deposit under this land for lease. The state shall, in its discretion but to the maximum extent practicable, refrain from leasing coal deposits for development by methods other than underground mining techniques in those areas where a significant number of surface owners have declared a preference against the offering of the deposits for lease. (4) For the purpose of this section, "surface owner" means the natural person or persons, or corporation, the majority stock of which is held by a person or persons who meet the other requirements of this section, who: (a) Hold legal or equitable title to the land surface; (b) Have their principal place of residence on the land or are personally conducting farming or ranching operations upon a farm or ranch unit which is to be affected by surface coal mining and reclamation operations, or receive directly a significant portion of their income, if any, from those farming or ranching operations; and (c) Have met the conditions of paragraphs (a) and (b) for at least three (3) years before granting consent. In computing the three-year period, the commission may include periods during which title was owned by a relative of that person by blood or marriage during which period the relative would have met the requirements of this subsection. (5) Nothing in this section shall be construed as increasing or diminishing any property rights held by the state or by any other landowner. SECTION 11. Section 53-9-105, Mississippi Code of 1972, is amended as follows: 53-9-105. (1) The department * * *, through the Office of Geology, shall establish and maintain a state reclamation program for abandoned mines which complies with Subchapter IV of the federal Surface Mining Control and Reclamation Act of 1977, 30 USCS 1231 through 1243. (2) For any year in which the department intends to conduct abandoned mine lands reclamation with amounts held in the Abandoned Mine Lands Reclamation Account, the executive director shall submit to the secretary an application for the support of the state program and implementation of specific reclamation projects. Such requests shall include information required by the secretary. This may include, but is not limited to: (a) A general description of each proposed project; (b) A priority evaluation of each proposed project; (c) A statement of the estimated benefits in such terms as: number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution, hazards of mine and coal refuse disposal area fires; (d) An estimate of the cost for each proposed project; (e) In the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained; (f) An identification of lands or interest therein to be acquired and the estimated cost; and (g) In each year after the first in which a plan is filed, an inventory of each project funded under the previous year's grant. This inventory shall include details of financial expenditures on each project together with a brief description of each project, including project locations, the landowner's name, acreage, and the type of reclamation or abatement performed. (3) The reported costs for each proposed project shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses. (4) The executive director shall make reports on operations of the reclamation program as required by the secretary or by Congress. (5) The executive director shall at all times accept and consider comments regarding annual grant applications and the eligibility, priority ranking and selection of lands for reclamation. At least thirty (30) days prior to the submission of each annual grant application to the secretary, the executive director shall provide for a public hearing and shall publish a notice regarding the proposed grant application and the public hearing in a newspaper of general circulation in the state. The public notice shall state that a hearing will be held, generally outline the grant application, and solicit comments regarding the application. A listing and identification of all projects included in the grant application shall be mailed to all persons who have requested written notification of the annual grant application and shall be available to any person upon request. At the public hearing for review of an annual grant application, any person may appear before the executive director or his or her designee and be heard on the record. The executive director may receive documentary or other evidence for inclusion in the record. The executive director shall fix a time for the closing of the record and may, in his discretion, receive other comments or evidence that he deems appropriate after the public hearing and before the closing of the record. A copy of the record shall be included with the grant application to the secretary. (6) The state shall not be liable under any provision of federal law for any costs or damages as a result of action taken or omitted in the course of carrying out the state reclamation program approved by the secretary. This subsection shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the state. Reckless, willful or wanton misconduct shall constitute gross negligence. However, nothing in this subsection shall be deemed to waive any immunity provided by Mississippi law to the state or its employees, or to waive the protection afforded the state by the Eleventh Amendment to the United States Constitution. SECTION 12. Section 57-21-9, Mississippi Code of 1972, is amended as follows: 57-21-9. The laboratory is established for the following purposes: (a) To provide analytical chemical and bacteriological services for regulatory control, in cooperation with the Mississippi Department of Agriculture and Commerce, of the quality of feeds, oil-seed meals, fertilizers and economic poisons offered for sale in Mississippi. The State Chemist shall also share responsibility for labeling and standards of such goods with these agencies. (b) To conduct chemical, bacteriological and physical tests of foods sold in the state, regulating the quality and labeling of such foods. (c) To conduct chemical and physical tests on petroleum products offered for sale in the state. (d) To provide chemically oriented consultation, problem-solving services and supporting analytical chemistry for other state organizations and agencies such as the Mississippi Department of Wildlife, Fisheries and Parks, the Mississippi Department of Environmental Quality, * * * the State Geologist, the Board of Health, the Mississippi Development Authority, the University Research Center, the Veterinary Diagnostic Laboratory, the Highway Patrol, the Mississippi Forensics Laboratory, the Mississippi Department of Agriculture and Commerce, the Cooperative Extension Service and the Agricultural and Forestry Experimental Station as funds and resources permit. (e) To provide chemical consultation, toxicological analyses and scientific services for the solution of problems of individual citizens and firms of the state who are engaged in agricultural or industrial endeavors furthering the economic growth or development of Mississippi. (f) To conduct research and development programs associated with the discharge of these responsibilities. (g) To carry out any program or duty which may be authorized or delegated to it by future legislation. SECTION 13. Section 7-5-25, Mississippi Code of 1972, is amended as follows: 7-5-25. The Attorney General shall give his opinion in writing, without fee, to the Legislature, or either house or any committee thereof, and to the Governor, the Secretary of State, the Auditor of Public Accounts, the State Treasurer, the Superintendent of Public Education, the Insurance Commissioner, the Commissioner of Agriculture and Commerce, * * * the State Geologist, the State Librarian, the Director of Archives and History, the Adjutant General, the State Board of Health, the Commissioner of Corrections, the Public Service Commission, Chairman of the State Tax Commission, the State Forestry Commission, the Transportation Commission, and any other state officer, department or commission operating under the law, or which may be hereafter created; the trustees and heads of any state institution, the trustees and heads of the universities and the state colleges, the district attorneys, the boards of supervisors of the several counties, the sheriffs, the chancery clerks, the circuit clerks, the superintendents of education, the tax assessors, county surveyors, the county attorneys, the attorneys for the boards of supervisors, mayor or council or board of aldermen of any municipality of this state, and all other county officers (and no others), when requested in writing, upon any question of law relating to their respective offices. When any officer, board, commission, department or person authorized by this section to require such written opinion of the Attorney General shall have done so and shall have stated all the facts to govern such opinion, and the Attorney General has prepared and delivered a legal opinion with reference thereto, there shall be no liability, civil or criminal, accruing to or against any such officer, board, commission, department or person who, in good faith, follows the direction of such opinion and acts in accordance therewith unless a court of competent jurisdiction, after a full hearing, shall judicially declare that such opinion is manifestly wrong and without any substantial support. However, if a court of competent jurisdiction makes such a judicial declaration about a written opinion of the Attorney General that applies to acts or omissions of any licensee to which Section 63-19-57, 75-67-137 or 75-67-245 applies, and the licensee has acted in conformity with that written opinion, the liability of the licensee shall be governed by Section 63-19-57, 75-67-137 or 75-67-245, as the case may be. No opinion shall be given or considered if the opinion is given after suit is filed or prosecution begun. SECTION 14. This act shall take effect and be in force from and after July 1, 2026.
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